Other conditions decisions — 2011

The Veteran's need for regular aid and attendance due to his disabilities, including hip replacements, venous lymphatic disease, and deep vein thrombosis, has been established. As a result, he is eligible for special monthly pension at the aid and attendance rate.

The Board has determined that the Veteran's otitis externa of the left ear and cyst on chest are at least as likely as not etiologically linked to his active duty military service, warranting service connection for these conditions.

The Veteran's ulcerative colitis and its residuals, including those due to treatment for gout, were not found to be caused by VA carelessness, negligence or error in judgment.

The Board has ordered additional development to determine if the Veteran was on active duty for training (ACDUTRA) or inactive duty training (INACDUTRA) during his reserve service, which could affect his claim for service connection for pancreatitis. The case is being remanded for further action.

The Board has denied reopening the claim for service connection for post-operative residuals of herniated nucleus pulposus as no new and material evidence was submitted to support the claim.

The Veteran's brachial plexus syndrome was not incurred in or aggravated by active service, and the residuals of a blunt injury to his left mid-humeral level with ulnar and median nerve palsy do not warrant a rating in excess of 40 percent.,Service connection for brachial plexus syndrome is denied as there is no evidence that it was incurred during service or due to a service-connected disability. The Veteran's residuals from the blunt injury are currently rated at 40 percent, which is the maximum schedular rating available under Diagnostic Code 8512.

The Veteran's small sliding hiatal hernia with minimal reflux is currently rated as 10 percent disabling, and the evidence does not show symptoms of considerable impairment of health.,For fungal infection of feet and toes, the disability has been manifested by chronic tinea pedis involving the web spaces of the third, fourth, and fifth toes of both feet, affecting less than 5% of the entire body or 5% of exposed areas. Topical therapy was required.

The Board found that the Veteran's amputations were not incurred in or aggravated during active service and are not proximately due to or the result of a service-connected disorder.

The Board found that the Veteran's left toe disability does not meet or approximate the criteria for a compensable rating under any applicable diagnostic codes.

The Board has reopened the claim for service connection under the provisions of 38 U.S.C.A. § 1151 due to new and material evidence submitted by the Veteran, including medical records from his VA treatment in Bay Pines, Florida, which indicate an additional disability resulting from a 1986 renal surgery. The Board will now consider whether this claim is warranted based on the new evidence.

The Board found that the Veteran's current right foot condition is not related to his service, and thus denied the claim for service connection.

The Veteran's mastocytosis and thrombocythemia disabilities are presumed to be related to his service in Vietnam due to herbicide exposure. The Board has ordered a new VA examination to determine the relationship between these conditions and his military service.

The Veteran's claim for an earlier effective date for the grant of service connection for a low back disorder was dismissed as it is not a free-standing claim but rather a request to reopen a previously denied claim.

The Veteran withdrew his appeals for the claims of service connection for blood clot of the left leg, clotting abnormalities, and an initial compensable rating for bilateral hearing loss.

The Veteran's appeal is denied as he does not meet the legal criteria for receiving more than 12 months of educational assistance under Chapter 30, Title 38, United States Code.

The Veteran's claims of entitlement to service connection for a gastrointestinal disability and a sinus disability are being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board denied the Veteran's request for a waiver of overpayment of nonservice-connected disability pension benefits, finding that repayment would cause financial hardship and was against equity and good conscience.

The Board has determined that an apportionment of the Veteran's VA disability compensation benefits on behalf of his son, in the custody of the appellant is granted due to hardship for the appellant and their son.

The Veteran's claim for an earlier effective date to establish his current spouse as a dependent for compensation purposes is being remanded due to the submission of new evidence after the Statement of the Case.

The Veteran is seeking service connection for the residuals of colon cancer, which he claims are due to herbicide exposure. The case has been remanded as there is insufficient evidence to decide the claim and a VA examination is needed.